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2023 Supreme(Online)(KER) 22677

HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
K.RAMACHANDRAN – Appellant
Versus
PATHANAPURAM BLOCK PANCHAYAT – Respondent


Advocates:
ANSU VARGHESE, SRI.MANU RAMACHANDRAN, SRI.NAVEEN THOMAS T.KRISHNANUNNI (SR.), SUBHASH CYRIAC, SMT.PRINCY ZAVIER, S.SREEJITH (S-3453), T.SETHUMADHAVAN (SR.)

JUDGMENT

A.Muhamed Mustaque, J.

This appeal was filed by the first defendant in O.S.No.78/2016 on the file of the Subordinate Judge, Punalur. The appellant is the Pathanapuram Block Panchayath. The first respondent in this appeal is the plaintiff. He is also a contractor.

2. We shall refer to the parties with reference to their status in the trial court. The plaintiff entered into an agreement on 26.6.2003 with the first defendant. This agreement was for undertaking work related to the improvements, metalling and black topping of a road Panayam– Puthuvel Kodiyattu Kuzhy Erappakuzhy Myladumpara in Pattazhi Grama Panchayath. The total cost of the work was fixed at Rs.88.10 lakhs. Though the plaintiff commenced the work, he could not complete the work within the stipulated time period. The plaintiff submitted part bill for the works done and received an amount of Rs.32,25,652/- on 27.4.2004. It appears that certain additional works needed to be carried out but the revised estimate was not approved. That appears to be the bone of the dispute between the parties. The value of the unpaid work is the subject matter of the plaint claim. The first defendant admitted that additional work would

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